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Health Marketplace Notices Due October 1, 2013
Starting next year, individuals and certain employees will be able to purchase health insurance through California’s new Health Insurance Exchange (“Marketplace”). The Marketplace is scheduled to open for business starting October 1. In conjunction with the opening of the Marketplace, provisions of the Affordable Care Act (ACA) require employers to provide notice to employees of coverage options available through the Marketplace.
Employers must provide a Marketplace Notice to each current employee not later than October 1, 2013. The notice requirement applies to all employers subject to the Fair Labor Standards Act, regardless of the number of employees and regardless of whether the employer provides health care coverage for employees. Also, notices must be provided to both full and part-time employees.
New employees hired on or after October 1 must receive the notice at the time of hiring. However, for 2013, the Department of Labor (DOL) will consider the notice provided at the time of hiring if it is provided within 14 days (per DOL Technical Release No. 2013-02).
At a minimum, notices to employees must include a description of the Marketplace and contact information; a description of the availability of premium tax credits for coverage purchased through the Marketplace; and information regarding how the purchase of coverage through a Marketplace will affect employer-provided coverage.
The DOL has developed two model notices – one notice for employers that do not offer employee health coverage and one for employers that do offer coverage. Employers may use one of these models, or a modified version, provided the notice meets the appropriate content requirements.
We have provided links below to help you comply with the Model Marketplace Notice requirement.
For those who do offer a health plan, please refer to the following link: http://www.dol.gov/ebsa/pdf/FLSAwithplans.pdf
For those who do not offer a health plan, please refer to the following link: http://www.dol.gov/ebsa/pdf/FLSAwithoutplans.pdf